Legal Question in Real Estate Law in California

unable to afford mortgage

If a young couple got in over their heads with a $3500 mortgage payment and are now getting a divorce - is there anything that they can do to save their credit also is there a way for her to get her name of the mortgage?


Asked on 1/17/07, 4:18 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: unable to afford mortgage

Wife can save her credit by having the house sold. There is a fairly good probability that she will be able to sell the house for an amount large enough to pay off the mortgage. I am unaware of any method of removing her name from the mortgage short refinancing and paying off the original loan. It is rare for a lender to allow a person to be removed from the obligation to repay the note.

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Answered on 1/29/07, 10:57 pm
Linda Cuny-Smith Law Office of Linda M. Cuny-Smith, PC

Re: unable to afford mortgage

There may be several avenues available to the wife in order to preserve her credit, depending on the particular circumstances. With regards to whether one spouse can be relieved of the mortgage obligations, it may depend on the terms of the loan and deed of trust, as well as other factors involved in the separation/dissolution. For further analysis, it is recommended that the individual(s) contact an attorney regarding the particular circumstances involved. -- Linda

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Answered on 1/17/07, 5:22 pm


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